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U.S. Supreme Court Reverses 10th Circuit -Limits SEC Disgorgement Claims to Five Years

USA - June 5 2017 On June 5, 2017, The United States Supreme Court held that because SEC disgorgement operates as a penalty under 28 U.S.C. 2462, any claim for...


Circuit Split Deepens as 9th Circuit Rejects "Ascertainability" in Class Certification

USA - January 20 2017 On January 3, 2017, in Briseno v. ConAgra Foods, Inc., No. 15-55727, 2017 U.S. App. LEXIS 20 (9th Cir. Jan. 3, 2017), the Ninth Circuit Court of...


10th Circuit Finds Lender's Membership Interests in an LLC Are Not Investment Contracts in Quiznos Restructuring Lawsuit

USA - January 9 2017 On December 13, 2016, the 10th Circuit Court of Appeals addressed for the first time the circumstances under which an LLC membership interest...


10th Circuit Rejects SEC's Use of Administrative Law Judges

USA - December 28 2016 On December 27, 2016, the 10th Circuit Court of Appeals ruled in favor of a Colorado businessman in Bandimere v. U.S. Securities and Exchange...


Eighth Circuit Reverses Class Certification Applying Halliburton II

USA - April 18 2016 On April 12, 2016, the majority of a three-judge panel at the Eighth Circuit U.S. Circuit Court of Appeals held that a class action of Best Buy...